LAHORE: The Lahore High Court has directed the Punjab government to introduce a new legislation where dowry items will be incorporated in Nikahnama (marriage certificate) so the miseries of women who face problem in seeking recovery of their dowry after marital break-up can be reduced.
“There should be a law which would state upon marriage, all things relating to marriage i.e. dowry should be mentioned in the columns of Nikahnama so that the miseries of the female litigants could be lowered in future providing a concrete social and legal set-up,” Justice Tariq Iftikhar Ahmad observed in a judgment passed on a writ petition which was filed by a woman. The petitioner challenged ‘miscalculation’ of dowry items by a lower court of Bahawalpur.
The judge in his verdict observed that dowry had become a social threat in modern Pakistan leading to oppression of women, physical violence against brides, causing a financial and emotional stress to the parents of the brides as well.
Justice Ahmad observed that the incorporation of dowry items in the Nikahnama, if implemented, by the legislature would be more effective in eradicating the problems of dowry issues in courts as well as in society.
“This dogma should be removed with an iron hand at grassroots level and should be uprooted to maintain harmony in society,” the judge said.
The judge regrets that successive governments in independent Pakistan retained most of the laws inherited from the British without amendments. “Today unfortunately personal laws are different in Pakistan depending on which religion the person belongs to. For Muslim women and Christian women the rights are even less,” the judge adds.
“The brides should also be educated and well informed about negative impacts of dowry and should be taught that they can lead a better life with more independence and happiness.” the judge said.
The judge advised women to make bold moves towards exposing families demanding dowry using the help of the legal system saying the legal system should be made more accommodative to make the brides and their family members comfortable.
The judge, however, dismissed the petition finding no illegality or irregularity in the impugned decision of the lower court regarding the evaluation of the dowry items’ value.
